HomeMy WebLinkAboutR96-019 approving service plan for Eagle River Water and Sanitation~''%
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Commissioner ~ moved adoption
of the following esolution:
BOARD OF COUNTY CONIl~iISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 96-~
APPROVING THE SERVICE PLAN
OF THE
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EAGLE RIVER WATER AND SANITATION DISTRICT
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WHEREAS, the Board of County Commissioners of the County of
Eagle, State of Colorado, is vested with administering the affairs
of Eagle County, Colorado, pursuant to state statutes; and
WHEREAS, pursuant to the provisions of the "Special District
Control Act", Part 2 of Article 1, Title 32, C.R.S., the
Petitioners of the proposed District filed a Service Plan for the
proposed Eagle River Water and Sanitation District ("District") in
Eagle County, Colorado on January 10, 1996; and
WHEREAS, pursuant to the provisions of Subsections 32-1-202(1)
and 32-1-204(1) C.R.S. the Board of County Commissioners of Eagle
County, Colorado, scheduled a public hearing on the Service Plan to
be held at 9:00 a.m. on February 20, 1996; and
WHEREAS, notice of the date, time and location and purpose of
said hearing was duly published in The Eagle Valley Enterprise, a
newspaper of general circulation, on January 25, 1996; notice was
provided to the Division of Local Government in the Department of
Local Affairs of the name and type of the proposed District; notice
of the date, time and location of the said hearing was provided to
the Petitioners; to the governing body of each municipality and of
each special district which had levied an ad valorem tax within the
next preceding tax year and which had boundaries within a radius of
three (3) miles of the District; to said Division, as required by
Subsections 32-1-202(1) and 32-1-204(1), C.R.S.; to the property
owners within the proposed District via post card notification
pursuant to Subsection 32-1-204(1.5) C.R.S.; and
WHEREAS, the Eagle County Planning Commission studied and
considered the Service Plan at its meeting of February 7, 1996, and
at which time said Commission recommended approval of the Service
Plan with conditions, which recommendations were subsequently
presented to the Board of County Commissioners, as required by
Subsection 32-1-204(2), C.R.S.; and
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Sara J. Fisher Eagle r~,an±~= ("lerlr ~, Recorder Q.QO
WHEREAS, this Board did on February 20, 1996, conduct a full
public hearing on this matter, taking evidence establishing the
jurisdiction of the Board to hear this matter, and further taking
evidence regarding the substantive issues set forth in Section 32-
1-203, C.R.S., at which hearing all interested parties were
afforded an opportunity to be heard; and
WHEREAS, at said hearing the Board considered the conditions
proposed by the Planning Commission, and considered the inclusions
into Eagle River Water and Sanitation District; and
WHEREAS, the Board considered the Town of Minturn' s request to
be excluded from the water service area; and
WHEREAS, this Board has fully considered the Service Plan and
all testimony and other evidence presented to it in this matter
relating to the Service Plan, including the favorable
recommendation of the Eagle County Planning commission.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
CONIIKISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
Section 1. The Board hereby determines that all of the
jurisdictional and other requirements of Section 32-1-202 and 32-1-
204, C.R.S. have been fulfilled, including those relating to the
filing and form of the Service Plan, the form and publication of
the public notice of the hearing on the Service Plan and the type
of public hearing held herein. In that respect, the Board hereby
finds that the Petitioners were required and did give post card
notification of the hearing pursuant to Section 32-1-204(2.5),
C.R.S.
Section 2. Based upon the information contained within the
Service Plan and evidence presented to the Board at the hearing,
the Board hereby finds and determines as follows:
A. There is sufficient existing and projected need for
organized services of the nature proposed in the Service Plan in
the area to be serviced by the proposed District;
b. The existing services in the area to be served by the
proposed District are inadequate for present and projected needs
[although Subsection 32-1-607(6), C.R.S makes this finding
inapplicable];
C. The proposed District is capable of providing economical
and sufficient services to the area within its proposed boundaries;
D . The area to be included within the proposed District will
have the financial ability to discharge the proposed indebtedness
on a reasonable basis;
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584595 L-68~ P-594 42%25!96 1n;??A pr ? ng a
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E. Adequate services are not and will not be available to
the area through Eagle County, or other governmental organization,
including special districts, within a reasonable time and on a
comparable basis;
F. The facilities and service standards of 'the proposed
District are or will be compatible with the facilities and service
standards of Eagle County;
G. The Service Plan is in substantial compliance with the
Eagle County Master Plan;
H. The proposal is in compliance with the long-range water
quality management plan for the area; and
I. The creation of the proposed District will be in the best
interest of the area proposed to be served.
J. The Town of Minturn is not within the water service plan.
Section 3. The Town of Minturn is excluded from the water
service plan.
Section 4. The Service Plan of the proposed District shall be
and is hereby approved.
Section 5. The Clerk to the Board is hereby directed to
advise the Petitioners in writing of this action and to attach a
certified copy of this Resolution for the purpose of filing the
same with the District Court of Eagle County.
Section 6. All Resolutions, or parts thereof, in conflict
with the provisions hereof, are hereby repealed to the extent of
such conflict only.
Section 7. This Resolution, immediately upon its passage,
shall be authenticated by the signatures of the Board of County
Commissioners and the County Clerk and Recorder and sealed with the
corporate seal of the County.
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, State of Colorado, at its regular meeting
held the ~~~ day of ~t-. 1996.
y~ COUNTY OF EAGLE, STATE OF
~ pt t+ COLORADO, By and Through Its
ATTEST: ~ ti.~f.~y ~ BOARD OF COUNTY COMMISSIONERS
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6 BY~ _~
C erk to the oard of Georg Gates, Chairman
County Commissioners
184595 B-688 P-594 02j26/96 10:22A PG 3 ~JF 4
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Commissioner 6~~u~.P~~p seconded adoption of the
foregoing resolution. The roll having been called, the vote was as
follows:
Commissioner James E. Johnson, Jr. ~__
Commissioner George A. Gates
Commissioner Johnnette Phillips
This Resolution passed by c3'-~ vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
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